I Moved to Texas - Do I Need a New Will?

If you’ve recently traded palm trees for bluebonnets, you might be wondering: Do I need to update my estate planning documents now that I live in Texas? The short answer? Yes. The longer answer? Your out of state documents are likely still legally valid, but they may not work well here in Texas—and that can create headaches for your loved ones when you’re gone.

Your Florida Will Is Valid in Texas—But Not Ideal

Texas law honors valid wills executed in other states. That means if your Florida will met all of Florida’s legal requirements, Texas courts will likely recognize it as valid. However, just being valid isn’t the same as being easy to use. In our probate courts, out-of-state wills often cost more to admit to probate, take longer to process, and create unnecessary hurdles. For example, the will may need to be proved up with a deposition or witness testimony. The language may not match Texas probate terminology or procedures. Executors named in the will may not meet Texas requirements. All of this can result in extra time, court costs, and legal fees for your loved ones—especially during an already difficult time.

Your Powers of Attorney May Not Work Well

Even more concerning than your will? Your Florida powers of attorney. The Texas statutory durable power of attorney and medical power of attorney include state-specific language that banks, title companies, and medical providers expect to see. If your agent can’t use your documents when you need help most, your family may be forced to go to court for a guardianship—a stressful, expensive, and public process that can be avoided with up-to-date planning.

Don’t wait until something goes wrong to find out your Florida documents aren’t working. Updating your estate plan in Texas is far more affordable than fighting to use outdated or out-of-state documents in court.